PlaySqorr is a legal fantasy game under Federal and State law, passed by the US Federal Government in 2006, the Unlawful Internet Gambling Enforcement Act (UIGEA) included an exemption indicating the legality of fantasy sports. The exemption reads as follows:
Participation in any fantasy or simulation sports game or educational game or contest in which (if the game involves a team or teams) no fantasy or simulation team is based on the current membership of an actual team that is a member of an amateur or professional sports organization and meets the following conditions:
All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of fees paid by participants.
Governing Law, Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You acknowledge and agree that any dispute arising from or in any way connected to the use of the Service or in any way relating to these Terms shall be governed by the laws of the State of Delaware without regard to any conflict of law provisions.
Except for a claim by Vetnos (or PlaySqorr) for infringement or misappropriation of any patent, copyright, trademark, or trade secret, any and all disputes between you and Vetnos (and, if applicable, between you and PlaySqorr) arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Vetnos (and, if applicable, PlaySqorr) must abide by the following rules: (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York County, New York. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be brought solely in New York County, New York and shall be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence that would result in the application of the laws of a state other than New York. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law principles that would result in the application of the laws of a state other than New York). Claims by Vetnos (or PlaySqorr) for infringement or misappropriation of any patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York County, New York.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST VETNOS OR PLAYSQORR ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
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